HBA-KMH S.B. 1552 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1552
By: Ellis
Judicial Affairs
5/10/1999
Engrossed


BACKGROUND AND PURPOSE

Currently, no method exists for a court to remove an out-of-state personal
representative who fails to appoint a Texas resident to be served with
process in connection with probate proceedings.  S.B. 1552 sets forth
provisions for the removal of a personal resident who, for various reasons,
is unable to accomplish certain actions relating to a decedent's estate. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 222(a), Texas Probate Code, to authorize the
court to remove any personal representative (representative) who cannot be
served with processes because the representative's whereabouts are unknown,
the representative is eluding service, or is not living in Texas and does
not have a resident agent to accomplish certain actions relating to the
estate of a decedent. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.